BRAJESH KUMAR SHARMA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND 2 OTHERS
WRIA/5260/2025 · 2025-05-14
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 140001 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 140001 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:28308 Court No. - 18 Case :- WRIT - A No. - 5260 of 2025 Petitioner :- Brajesh Kumar Sharma Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 2 Others Counsel for Petitioner :- Maneesh Pandey,Rishabh Tripathi Counsel for Respondent :- C.S.C. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the petitioner and learned Standing Counsel for respondent nos.1 to 3. By this petition, the petitioner has prayed for the following relief:-
"(i) Issue a writ of Mandamus or any other appropriate writ,
order, or direction, commanding Opposite Party No. 3 to comply with the government order dated 4th October 2023 and allow the petitioner to continue in service until the completion of 42 years of service, as per the said order. (ii) Issue a writ of Mandamus or any other appropriate writ,
order, or direction, commanding Opposite Party No. 3 to refrain from retiring the petitioner prematurely on 31st May 2025, and allow the petitioner to continue his service with full pay and benefits until the completion of 42 years, in accordance with the government's directives. (iii) Issue a writ of Mandamus or any other appropriate writ,
order, or direction, commanding Opposite Party No. 3 to issue a written communication regarding the petitioner's continued service as per the legal provisions, in compliance with the government order dated 4th October 2023." After arguing for sometime, learned counsel for the petitioner confines his prayer to the extent that the representation of the
petitioner may be directed to be decided by respondent no.3. Learned Standing Counsel has no objection to this innocuous prayer. Perused the record. Considering the above, the petition is disposed of with liberty to the petitioner to move a fresh representation to respondent no.3 i.e. District Commandant, Home Guards, District-Barabanki within one week from today. If the petitioner submits a fresh representation, the respondent no.3 shall decide the same within two weeks' thereafter, by passing a speaking and reasoned
order.
Order Date :- 14.5.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench